ABSTRACT
In marine insurance, the law of general average is regulated by the Act, the Institute Clauses and, the York-Antwerp Rules 199448 as envisaged by all the Institute Clauses for Hulls,49 and Cargo,50 if the contract of affreightment so provides. Even though the obligation to contribute does not really arise from contract, but from ‘the old Rhodian laws’ which have ‘become incorporated into the law of England as the law of the ocean’,51 nevertheless, the law is tolerant enough to allow for the obligation to be ‘limited, qualified or even excluded by the special terms of a contract’.52
